The number of judicial reviews has remained remarkably steady when
the increase in the number of immigration judicial reviews - now
handled by the Upper Tribunal - is disregarded. The Committee does
not consider the Government to have demonstrated by clear evidence
that non-immigration related judicial review has 'expanded
massively' in recent years as the Lord Chancellor claims, that
there are real abuses of the process taking place, or that the
current powers of the courts to deal with such abuse are
inadequate. The report covers: procedural defects and substantive
outcomes; legal aid for judicial review cases; interveners and
costs; capping of costs (protective costs orders); alternatives to
the Government's judicial review reforms; judicial review and the
public sector equality duty. The Committee has concerns over the
proposals' impact on access to justice and the lack of evidence to
support the Government's proposals. In the Committee's view, the
proposals expose the conflict inherent in the combined roles of the
Lord Chancellor and Secretary of State for Justice which raises
issues which should be considered by a number of parliamentary
committees. There should be a thoroughgoing review of the effect of
combining in one person the roles of Lord Chancellor and Secretary
of State for Justice and of the consequent restructuring of
departmental responsibilities between the Home Office and the
Ministry of Justice.
General
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